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HomeMy WebLinkAbout10/26/1971 Business Meeting 267 OCTOBER 26, 1971 The City Council met .in regular session, Mayor Larson presiding, Councilmen Brown, Keith, Lambert, Lust, McNeice and Robinson, Assistant City Manager Friedline and City:Attorney An- drews present on roll call. City Manager McMicken absent and excused. The Invocation was given by Councilman Keith. The minutes of the. regular meeting of October 18, 1971, having been duly certified accurate by two Councilmen, and no one present. wishing to have said minutes read publicly, Mayor Larson declared said minutes approved as recorded. • This being the time fixed for the continuation of the Hearing on Petition No. 678, filed by St. Elizabeth Hospital, requesting vacation of a portion of South 9th Avenue right of way • between Walnut and Chestnut, City, Attorney Andrews reviewed the subject, which has been con- tinued for several months, and stated that the matter has now crystallized so that he can advise the Council on action to be taken. He explained that later on the agenda there is to:be submitted a Resolution for setting the time of a Hearing on an L.I.D., which is two- , . ' pronged; one section covering the work to be done adjacent to the hospital for relocation of domestic and irrigation water facilities. He stated that there will be prepared an greement which will submitted -to the Council next week for their ratification, which is a statement in memorandum form of the intent of the hospital and City to effect' the changes necessary-by February 1, 1972, in which time the City expects to have the L.I.D. work com- pleted and other things in line so that the hospital will have a date planned on for com- mencement of its expansion work. •Mr. Andrews further explained that the City reserves all necessary easements and rights of way for the installation and maintenance of any and all water mains, sewers -or utilities which may now exist in said street:or which may desire to construct, and no buildings can be constructed on any - portion of said vacated street without the prior approval of the City. After due discussion, it. was MOVED by Brown, se- conded by Keith that Ordinance No. 1350 providing for said Vacation, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. ORDINANCE NO. 1350, AN ORDINANCE vacating a portion of South 9th' Avenue in the City of Yakima, Washington. . • This:.being .the ) time:.fixed fo'r: the- Hearing:••ion .the Rezone: Applicationfiled by` D. J. Develop- ment Company, requesting Planned Development zoning property located at South ;3rd West Washington Avenues, Mr. Ed Loidhamer - of the Planning Department reported that the D. J. Development Corporation has prepared final plans and program for•Phase II of their Planned Development which will eventually occupy. the 46 -acre parcel located northeast of the inter- section of South 3rd Avenue and Washington Avenues, Phase II being the development of a neighborhood commercial shopping facility, which involves approximately 12 acres. He ex- plained that in accordance with the Planning Commission's meeting of October 5, 1971, the .plan and program has been- revised to make an adjustment in the location and design of the drive -in restaurant and a more complete landscape site plan ha been submitted to the Plan - ning Department. He further indicated -that both the Planning Department and Planning Com- mission recommend approval of Phase II Planned Commercial Development, which is in "confor- mance with)the General Plan. After.:.due. :discussion, it :was MOVED by Brown, seconded by Ro- binson that Ordinance No. 1351 accepting the recommendation of thel.Planning:Commission and rezoning.. said property, be passed as.read: carried, Brown, Keith, Lambert., Larson, Lust, • McNeice and Robinson voting aye on roll call. Mr. Jim.. Lentz:, partner>.in the development, stated that this project will be started as soon as Phase I Mobile Home Park is completed. ORDINANCE. NO•.. 1351, AN::.ORDINANCE accepting .the :••of the Planning.Coinmission and rezoning certain property situated at South 3rd and West Washington Avenues, in ,thee . City of Yakima; Washington, from R -2, Two- Family Zone, to a Planned Development Zone. • . Petition No 72.0, :having beeni•filed with .the City .Clerk: on -October: 15 ;.- 1971; byc Frank. Cole- man;. for Growers;•: requesting improvement:.of :property. by co.nstr.uction• of a water main; at Snokist Growers Addition on:.West Mead Avenue and. a'. Resolution of: Intention to cre- ate: a local improvement:.district;._ having : :.prepared, :.which includes this: Petition and. Petitio.n:.No., 691, which filed by' St. Elizabeth Hospital,_ requesting. rel'ocation of do- mestic and_ ir.r.igation,water•facilities, it:was MOVED: by Lust, _ seconded: by McNeice that Re- solution No. •D= 1744; .being: a: resolution of intention create locaL improvement• district in said vicinities•and fixing the. time of Hearing for November 15, 1971, be passed as read: carried, Brown, Keith, Lambert, - Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1744, A RESOLUTION of intention to create a local improvement district. Petition-No. 721; having been filed with—the City: Clerk on :October 20;.= :1971, by Mrs:: Gladys Henderson and Others, requesting improvement ofJ.proper-ty by :the construction of a- sewer'in the vicinity of Richey Road and North 57th - Avenue, it wa's MOVED by Robinson, seconded by Brown ahat:Petition No. 721. ;..for the creation.of aLocal.•Improvement District, be referred- to the .City Manager and Staff.- study. andrecommendation: carried, Brown Keith, . Lambert, Larson; Lust, McNeice and :Robinson voting aye by voice.vote.: : c Damage Claims having been filed with the City Clerk as follows: •::. • • on :October 15 ; 197.1, . by Wauna :,O.: andh.John R. Harman; r 10.7 South: 5th: Avenue, :.in: - -the - a. mount-of $54.8.5 damages :.caused. by.bad water; .• c : • ,,: :: T. _.: : ?.A.. _ _ . ?.r:.: • • • • - . ,: on r.October. 19. ;,•. 1971, by: Howard;. F.. :.Cyr; - 716 South:. 8th7Avenue.; in . .the _amount of : $110 ..00 • for a .wristwatch lost while on duty, = : ,, 1 : on 20, 1971, by'Mabel A. Warren; 1609 Fruitvale Boulevard•, in the amount of $5,379.64 for damages•caused by a collision with a City vehicle, L._ • ..:. I - :, : ,i: : ; _ :: l : . _ . . it was. :MOVED. by Robinson; seconded_by Lust that : Claims •referred::to the :City Manager and Staff-for, study and recommendation: carried, Brown, Keith,;Lambert,-.Larson;: Lust, McNeice and Robinson voting aye by voice vote. • ,The •Planning.: Commission having• recommended of :.three:: amendments. to the: :Zoni.ng - Code, name.ly :. . • :...:.: :...c . : : - 1. By adding a new section to read as follows: "12.64.100. Street Dedication. No use of land, building or. other improve- ment maintained upon a lot at the time of conveyance to, or appropriation by, the City of Yakima of a portion of such lot for street purposes shall be or become nonconforming by reason of such conveyance or appropriation." 2168 OCTOBER 26, 1971 2. .By amending.Section 12.76.020 of the City of Yakima Municipal Code to_read as follows: . "12.76.020. Initiation of Amendments. Amendments of this title may be ini- tiatied by: . • • (a) The verified application of one or more owners of property pro - posed to be changed or reclassified. • • (b) Motion of the City Council declaring' its intention to amend this title. (c) Motion of the Planning Commission declaring its intention to amend this title . ",:. , 3.. By repealing in its entirety Section 12.60.090 of the City of Yakima Municipa : Code. .. • it was MOVED by Robinson,.seconded by McNeice that November 8, 1971 be fixed as the time of Hearing on .said matter: carried, Brown, Keith,•Lambert•, Larson, Lust, McNeice and Robinson voting aye by voice vote. H. . Assistant City Manager Friedline referred'the matter of authorization to execute a Sewer Line Installation Agreement with Gene Souder to City Attorney Andrews, who explained that in 1966 a sewer line which:serves property in the vicinity of 58th Avenue and Englewood Ave nue was extended to serve. property owned by Gene Souder, and that at that time. there was correspondence between Mr. Souder. and the City stating that on the completion of construc- tion of this line the City and Mr. Souder would enter into a 15 -year Sewer Line Installa- tion Agreement, whereby at the time any property adjacent to or in the vicinity of said lint; connects onto the sewer line, the City shall assess and collect from the owner of the pro- perty a fair pro rata;share.of the cost of installation of such line and reimburse Mr. Sou - der. Mr. Andrews explaining that this agreement was not made in 1966, and that it is now being submitted to the Council for authorization- ratification, it was MOVED by .Lambert, seconded by Keith that Resolution No. D -1745 authorizing the City Manager and City Clerk to execute said agreement, be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION .NO. D -1745, A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Gene Souder for the construction of a domestic sewer line. Assistant City Manager' Friedline explained that from time to time, the City will be require• to execute progress requisitions, and a final requisition, to the Department of Housing and Urban Development for.payment to the City of funds for HUD Project No. WASH. N -8, Southeast Yakima Community Center, and the City Council must designate an Authorized Officer to exe- cute such requisitions on behalf of the City. After due discussion, it was MOVED by Robin- son, seconded by Brown that Resolution No. D -1746 authorizing the City Manager to execute said requisitions., be passed as read: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye on roll call. RESOLUTION NO. D -1746, A RESOLUTION authorizing the City Manager to execute requisitions for payment to the City of funds' for HUD Project No. WASH. N -8, Southeast Yakima Community Center. • • Assistant City Manager Friedline referred the matter of the-request by Arthur Newman for protective improvements on his property located at 31st Avehue:'and Lincoln Avenue, to Fritz Jaeger, City Engineer, who:reported that in confomance with the Council's action on October . 4, 1971, the City.has contacted Mr. Newman again regarding a backfill and slope for his property. He stated that Mr. Newman disapproves of this approach to the problem of acci- dents occuring on his +property. Discussion by Council members brought out that since'none of the accidents were caused by anything faulty in.the design of the road, they can find no other solution than a backfill and slope, unless Mr. Newman would want to build his own concrete wall. No formal action was taken on this matter. • Fire Chief Matt Young reported on the Fire Bond Issue Campaign. He indicated that the Bond Issue.,'which will be on the November 2, 1971 ballot, is being promoted by the Fire Depart - ment on television, radio, and billboards, and persons will be going door to door handing fact;sheets to tenants. He .stated that all materials used to promote the Fire Bond Issue have,:been donated' by businessmen in the Yakima area. Assistant City Manager Friedline reported that he has been notified by the International • Conference of Building Officials that Newell Pock, Chief Inspector was elected second Vice President of the organization at their last meeting, and that Al Ray, Traffic Engineer, has been accepted as a member of the Institute of Traffic Engineers. The Council congratulated both men, who were present. Assistant City Manager Friedline requesting authorization for out -of -State travel for Jay Otto, Planning Director, to travel to San Francisco, California to attend the American In- stitute of Planner's annual conference, it was MOVED by Lambert, seconded by Keith that said travel be•authorized with expenses paid: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. . • Mayor Larson explaining that the term of A. Robert Williams on the Board of Adjustment ex- . pires as of November 18, 1971, and that Mr. Williams has indicated that he is willing to serve another term, it was MOVED by Lust, seconded by McNeice that Mr. A. Robert Williams be reappointed to the Board'ofiAdjustment for another term, which term will expire on No- vember 18,• 1977: carried, Brown, Keith, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. Councilman Keith asking to be excused from the next meeting.of November 1, 1971, it was MOVED by Robinson, seconded by Lust that he be excused: carried, Brown, Lambert, Larson, Lust, McNeice and Robinson voting aye by voice vote. • 269 OCTOBER 26. 1971 There being no further business to come before the Council, it was MOVED by Lust, seconded by Keith that we do now adjourn at the hour of 4 :00 P.M.: carried, Brown, Keith, Lambert, Larson Lust, -McNe and Robinson voting aye by voice vote. • READ AND CERTIFIED ACCURATE BY _ DATE CO CILMAN DATE /7 I -Z • CILMAN ATTEST: • C I T Y C L E R K M A Y O R • • • • • • • _ s